Who is eligible for workers' compensation?
If you work for a Pennsylvania company with three or more employees, you are covered by the Pennsylvania Workers’ Compensation Act for any work-related injury.
What is a work injury?
A “work injury” is any injury, medical condition or disease that is caused by an individual’s job. The Pennsylvania Workers’ Compensation Act does not list specific injuries that are covered other than to specify that the injury must be work-related.
How do I file a workers' compensation claim?
If you’re injured on the job, you need to provide notice to your employer as soon as possible. It is important that you provide this notice in writing. If you have any questions about the Workers’ Compensation application process, we offer a free consultation to help you understand your options.
Is there a statute of limitations for reporting my accident?
Yes. Under the Pennsylvania Workers’ Compensation Act, a worker is required to provide notice to their employer that they have been injured on the job within twenty-one (21) days of the date of injury. Notice given after that time could result in a loss of benefits.
The absolute latest one can notify one’s employer of a workplace injury is one-hundred and twenty (120) days after the injury.In general, it’s best to inform your supervisor or boss as soon as you are hurt, even if you think you only suffered a minor injury that will go away without medical care.
What benefits are available?
Workers’ compensation offers three main types of benefits. You may be eligible for one or more of the following:
- Medical care for your injury
- Weekly benefits for as long as you are unable to work (or if you can only work part time). When and how much you’re paid depends on a number of variables.
- Permanency benefits might also be available if your injury is found to threatens to keep you from working permanently.
When is my employer required to start paying my workers' compensation benefits?
Under the Pennsylvania Workers’ Compensation Act, an employer and its insurance company have twenty-one (21) days from when they are notified of a workplace injury to either agree that an injury is a “work injury” and pay benefits or to deny the claim.
Prior to receiving lost wages, there must be medical documentation confirming that you have the injuries you say you have and determining whether you can return to work and whether there are restrictions on your working abilities due to the accident.
Typically, insurance companies will mail checks to injured workers who qualify for Workers’ Compensation benefits every other week.
Do I need to see the company's doctor?
Under the Pennsylvania Workers’ Compensation Act, an injured worker only needs to treat with a “company doctor” for the first ninety (90) days from the first visit only if the employer:
- Provides a list of at least six designated health care providers
- Notifies an employee in writing of his or her rights and duties, and
- Obtains written acknowledgment from the employee that he or she has been informed of such rights.
How long am I entitled to receive benefits?
There is no pre-determined time limit for receiving benefits. Some injured workers can receive Workers’ Compensation benefits until he or she can return to work or settles his or her claim. Employers generally try to limit the period of time a worker receives compensation, however.
Can I collect Social Security, disability or unemployment benefits alongside workers' compensation benefits?
Yes. It is possible to receive Social Security Disability, Unemployment or other benefits as a result of your work injury. However, in some cases, receiving Workers’ Compensation in addition to these other benefits can result in a reduced benefit amount for either Workers’ Compensation or for one of the other programs. Feel free to contact our attorneys to discuss potential benefit offsets.
Should I have an attorney at Silver & Silver represent me?
Yes. The insurance company will have an attorney and you will be at a disadvantage if you do not also have a lawyer. The Workers’ Compensation laws and regulations are complex and it can be difficult to win a case without legal representation.
At Silver & Silver, our attorneys are familiar with every type of claim an injured worker may bring and make sure our clients receive the maximum recovery to which they are entitled.